Fargason v. Edrington
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court in Chancery. T. P. McGovern, Special Judge. There is not the slightest proof that appellants had any notice, actual or constructive, of Mrs. Edringto.n’s rights.
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APPEAL from Mississippi Circuit Court in Chancery. T. P. McGovern, Special Judge. There is not the slightest proof that appellants had any notice, actual or constructive, of Mrs. Edringto.n’s rights. The burden of proof was upon appellees, who allege notice, the rule being, that when notice' is charged by the plaintiff, and the defence of innocent purchaser is set up, the plaintiff must prove the truth of his charge. 2g Ark., 368; 31 id., 8g; 33 id., 100; 41 id., 2gp Mortgagees are entitled to all the protection accorded to bona fide purchasers. 31 Ark., 83; 1 Jones on Mort., sec. 438; id.,…
1Opinion of the CourtBattle, J.
On the 12th day of June, 1874, James H. Edrington and his wife, Nancy A., executed a deed of trust and thereby mortgaged certain land to secure his indebtedness to Brooks, Neely & Co., of Memphis, Tenn. He died in 1874, and on March 12, 1877, the trustee appointed to execute the trust, after advertising the same, sold sixty-two acres of the land at public sale, pursuant to the authority vested in him as such trustee. John Matthews, paying for the land the sum of $3951.02, became the purchaser thereof and received a deed therefor on the same day. On March 16th, four days after, he conveyed…
2Cases cited8 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Cook v. Parham & BluntSupreme Court of Alabama · 1879
- Webster v. Van SteenberghNew York Supreme Court · 1864
- Schumpert v. Dillard, Pinson & Co.Mississippi Supreme Court · 1877
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3Cited by15 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Commercial Nat. Bank v. PirieCourt of Appeals for the Eighth Circuit · 1897
- Brown v. BocquinSupreme Court of Arkansas · 1892
- First National Bank v. Farmers & Merchants National BankIndiana Supreme Court · 1908
- Penrose v. CooperSupreme Court of Kansas · 1912
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